What are the key components of an examiner’s action in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
An examiner’s action in patent examination typically includes several key components:
- Heading: Identifies the application number, filing date, applicant, and other administrative details.
- Summary of Invention: A brief description of the claimed invention.
- Claim Analysis: Detailed examination of each claim, including rejections and objections if applicable.
- Prior Art Citations: References to relevant prior art used in the examination.
- Explanation of Rejections: Detailed reasoning for any claim rejections.
- Response to Arguments: Addresses any arguments made by the applicant in previous communications.
- Conclusion: Summary of the action’s outcome and next steps for the applicant.
As stated in MPEP 707, ‘In all Office actions, the examiner must include a summary of the action, properly signed by the examiner at the end of the action.’ This summary provides a clear overview of the examination results and guidance for the applicant’s response.